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ARTICLE · 18 DECEMBER 2019

December Valuer and Retail Leases Update – 2019 final wrap

Madgwicks
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Article provides a summary and links to all the Valuer and Retail Leases updates published in 2019.

AustraliaReal Estate and Construction
Rohan Ingleton
Rohan Ingleton

A summary of the 2019 developments is as follows:

  1. January update: A landlord will be liable for air-conditioning if the lease specifies that air-conditioning is included in the premises. This means that a valuer will determine a rent based on premises being air-conditioned: Meadsview Pty Ltd v Fenton.
  2. February update: If customers cannot attend premises to collect goods, it may not be considered retail. Therefore online businesses may not be retail but be aware that this could change: Bulk Powders Pty Ltd v Seicon Pty Ltd.
  3. March update: There is no right to sublet under the Retail Leases Act 2003 (Vic) as this right will need to be specifically dealt with in the lease.

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